(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CERTAIN COMMERCIAL CORRIDORS. The Broadway, Calhoun and Wells Street corridors specifically described as follows: Beginning at the intersection of the east right-of-way of Spy Run Avenue and the centerline of the St. Mary's River; thence northwesterly along the centerline of the St. Mary's River and its meanderings to the intersection of the centerline of Spy Run Creek; thence northerly along the centerline of Spy Run Creek and its meanderings to the south right-of-way of Elizabeth Street; thence west along the south right-of-way of Elizabeth Street to the west right-of-way of N. Clinton Street; thence southerly along the west right-of-way of N. Clinton Street to the centerline of the St. Mary's River; thence southwesterly along the centerline of the St. Mary's River and its meanderings to the east right-of-way of Wells Street; thence northerly along the east right-of-way of Wells Street to the south right-of-way of Putnam Street; thence west along the south right-of-way of Putnam Street to the west right-of-way of Wells Street; thence south along the west right-of-way of Wells Street to the west right-of-way of Ewing Street; thence continuing southerly along the west right-of-way of Ewing Street to the centerline of the St. Mary's River; thence westerly along the centerline of the St. Mary's River and its meanderings to the west right-of-way of Van Buren Street; thence southeasterly along the west right-of-way of Van Buren Street to the south right-of-way of Lavina Street; thence east along the south right-of-way of Lavina Street to the west
right-of-way of Broadway; thence southwesterly along the west right-of-way of Broadway to the south right-of-way of Bluffton Road; thence east to the intersection of the east right-of-way of Broadway and the south right-of-way of Oakdale Drive; thence northeasterly along the east right-of-way of Broadway to the north right-of-way of the Penn Central Railroad Company (1500-1600 Block of Broadway); thence easterly along the north right-of-way of the Penn Central Railroad Company to the west right-of-way of Calhoun Street; thence south along the west right-of-way of Calhoun Street to the north right-of-way of Rudisill Boulevard; thence east to the intersection of the east right of way of Calhoun Street and the north right-of-way of Rudisill Boulevard; thence north along the east right-of-way of Calhoun Street to the north right-of-way of the Penn Central Railroad Company; thence easterly along the north right-of-way of the Penn Central Railroad Company to the east right-of-way of Clay Street; thence northerly along the east right-of-way of Clay Street to the south right-of-way of Columbia Street; thence east along the south right-of-way of Columbia Street to the centerline of the Maumee River; thence north along the centerline of the Maumee River and its meanderings to the centerline of the St. Mary's River; thence west along the centerline of the St. Mary's River and its meanderings to the east right-of-way of Spy Run Avenue also being the point of beginning. Excluding any and all portions of the Fort Wayne River Greenway which may cross the aforementioned area.
DOWNTOWN CENTRAL BUSINESS DISTRICT. The area bounded by Clay Street on the east to St. Mary's River on the north, to Spy Run Creek north to Elizabeth Street, west to Clinton Street, then south to the St. Mary's River, then west to Van Buren Street and south to the railroad elevation at the 1500-1600 block, then east to Clay Street.
RECKLESS OR HAZARDOUS OPERATION. Operation of a skateboard, wheeling or sliding device in a manner such that the wheels of a wheeling device leave the ground or that the skateboard or sliding device is separated from the ground at the same time (ie. airborne). It is further defined to mean the use of disability ramps, steps, walls, retention walls, doors, handrails, planters, curb or gutter edges, barriers and barricades, benches, picnic tables, sculptures, stages, platforms, playground equipment or other device or structure which is not intended for pedestrian or vehicular traffic, jumping or stepping on or off such devices or structures using wheeled equipment, or in a manner that is likely to cause damage to property or to cause personal injury or failing to yield the right-of-way to or otherwise interfere with pedestrian traffic.
SKATEBOARD. A foot board mounted upon four or five wheels and usually propelled by the user who sometimes stands, sits, kneels or lies upon the device while it is in motion.
WHEELING OR SLIDING DEVICES. Include, but are not limited to, skateboards, roller skates, in line skates or bicycles or any other device containing wheels which can be ridden on or otherwise utilized by an individual or individuals in order to move about other than walking.
(B) Operating skateboard, wheeling or sliding device prohibited. Operating a skateboard, wheeling or sliding device shall be prohibited as follows:
(1) In the Downtown Central Business District and certain commercial corridors, the operation of a skateboard, wheeling or sliding device in a reckless or hazardous manner shall be prohibited; and
(2) Operating a skateboard, wheeling or sliding device on any property where a sign or signs are posted by property owners prohibiting such operation shall be prohibited. (This provision shall be interpreted to mean that if a sign is posted prohibiting skateboarding it shall be deemed to apply to the prohibition of all skateboard, wheeling or sliding devices).
(3) Wheelchair exclusion. Notwithstanding the definition of skateboard, wheeling or sliding device, nothing in this section shall prohibit the use of a wheelchair, a stroller, or similar devices, for the purpose of helping an elderly, disabled individual, infant, or other individual needing assistance in moving from place to place.
(4) Extreme Sports Facility Exclusion. The provisions of this section shall not apply to a skate park or extreme sports facility operated by the Department of Parks and Recreation.
(C) Extreme Sports Facility. Skateboarding and in-line skating are hazardous recreational activities. Use of the facility may result in serious injuries or death. Each person entering the facility assumes all risk of injury or death. All participants using the skate park shall use only skateboards and in-line skates, wear appropriate safety helmets, elbow pads and knee pads at all times.
(1) Within the facility it shall be unlawful for any person to:
(a) Place or utilize obstacles or other materials within the skate park that are not affixed to the skate park by the Department for recreational purposes.
(b) Enter the skate park for purposes other than skateboarding, in-line skating or assisting a skateboarder or in-line skater.
(c) Use the skate park while under the influence of alcohol or drugs that would impair a person's judgment or motor skills or to possess any can, bottle or other receptacle containing any alcoholic beverage (as the term "alcoholic beverage" is defined by Indiana Code).
(d) Ride or use any in-line skates or skateboards at the skate park in a reckless manner or with willful disregard for the safety of persons or property, or to cause such items to be ridden or used in such a manner.
(e) Engage in reckless or boisterous behavior or any other activity that could endanger the safety of other persons using the skate park.
(f) Ride, operate or utilize any device other than a skateboard or in-line skates, including but not limited to, bicycles, unicycles, scooters, go-carts and wagons on the skating surface of the skate park facility or to cause such items to be ridden or used on the skating surface of the facility.
(g) Allow or cause graffiti or tagging in, on or around any part of the skate park facility
(h) Deposit or leave garbage cans, bottles, papers or waste or refuse of any kind in a location other than a receptacle provided for such purpose, or to cause such items to be deposited or left in such manner. If no receptacle is provided, each person shall be responsible for removing and disposing of such items in an appropriate manner.
(i) Allow or cause any animal of any kind to be brought into the skate park facility with the exception of service animals.
(j) Allow an activity, event or competition to take place in the facility without the express written permission of the Department.
(k) Allow or cause glass containers of any kind to be brought into the skate park facility.
(l) Modify, alter or add to any portion of the skate park facility in any manner without the written permission of the Department.
(m) Engage in skate activities on surfaces, equipment or obstacles not installed for that purpose. No skate activity is permitted on walls or other boundary structures or seating areas immediately surrounding or adjoining the skate park.
(2) The Department is authorized to post additional rules necessary for the safe operation of the skate park and shall establish hours of operation for the facility.
(D) Penalties and enforcement.
(1) Penalty. Any person found in violation of any provision of this section may have such skateboard or wheeling or sliding device confiscated immediately by the Police Department or by any officer of the Police Department acting in his or her official capacity. Said skateboard or wheeling or sliding device confiscated shall be held for a maximum of 60 days after which it may be sold in the Police Bike Auction or destroyed. The individual who owns any confiscated skateboard or wheeling or sliding device shall have the right to repossess the skateboard or wheeling or sliding device upon proof of payment of any fine and other cost for which the individual is responsible as a result of having violated the provisions set forth in this section. An individual operating a skateboard or wheeling or sliding device in violation of any of the provisions contained herein shall be subject to a fine of not less than $50 and not more than $200 per violation. Payment of said fine shall be due within 30 days from the date the fine is assessed; however, such individual shall be entitled to a notice of the assessment date specifying when payment of the fine is due. In the event a violator fails to pay a fine when due, such failure to pay shall result in a $25 late fee being assessed to said individual. Any individual violator of this section who is under the age of 18 years of age must disclose to the police officer or other enforcing authority the names, addresses, and phone numbers of their parents or legal guardian.
(2) Enforcing authority. The authority for enforcing this section shall be with the Fort Wayne Police Department and the Ordinance Violation Bureau.
(Ord. G-21-04, passed 9-14-04) Penalty, see § 97.99